2016 (12) TMI 1283

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....ough scrutiny assessment under Section 143(3) of the Act on 22.12.2010. The re-assessment notice refers to the proceedings for a subsequent year, i.e., AY 2012-13 as well as a decision of the Karnataka High Court in the case of CIT v. Namdhari Seeds Pvt. Ltd.: 16 taxmann.com 83 which states as follows: "M/s Technico Agri Science Ltd. is assessed to tax with Circle 25(1) New Delhi. Assessment in this case for AY 2008-09 was completed on 22.12.2010 u/s 143(3) of the Act. While completing assessment for AY 2012-13 under section 143(3), it has been held that assessee has wrongly claimed income of Rs. 5,33,26,639/- as agricultural income. Considering this finding assessment record for A.Y.2008-09 was examined and it was found that incom....

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.... the fact that at all relevant times all materials were in fact furnished and, there was no concealment and furthermore that on the very same issue, i.e., nature of operation and business carried on and whether it amount to agricultural activities, the scrutiny assessment had carried out full inquiry. The learned counsel for the assessee relies upon a notice/questionnaire by the A.O. during the course of the scrutiny assessment issued on 19.11.2010 pointing to the fact that on the very same issue, pointed query was made which was supported through documentary evidence and other materials. It is therefore contended that the re-assessment notice is nothing but a change of opinion which is not permissible having regard to the narrow scope of S....